Nursing Home Malpractice: Ohio’s Bill of Rights and State Oversight

Nursing homes are entrusted with the care of some of the most vulnerable members of our communities. Ohio law recognizes this responsibility and provides multiple layers of protection for residents—through medical malpractice law, statutory rights under the Nursing Home Bill of Rights, and regulatory oversight by the state. When any of these safeguards reveal serious failures, they can expose dangerous conditions that put residents at risk.

Understanding how these systems work together is critical to protecting seniors and holding negligent facilities accountable. That’s where a nursing home negligence attorney comes into play. 

Nursing Home Malpractice Claims in Ohio 

Nursing home malpractice is a form of medical negligence. It arises when a nursing home, its medical staff, or caregivers fail to meet accepted standards of care, resulting in injury or harm to a resident. 

Common malpractice claims in nursing home cases include: 

• Medication errors, such as improper dosing, failure to monitor blood thinners, drug interactions, or missing documentation; 
• Failure to monitor or properly manage serious medical conditions, including kidney disease, diabetes, cardiac conditions, dehydration, or infections; 
• Poor skin and pressure-injury care, leading to infections, tissue breakdown, sepsis, or delayed healing; 
• Falls and preventable injuries, often linked to inadequate supervision, improper fall-risk assessments, or failure to implement safety precautions; 
• Delayed or inadequate medical intervention, when staff fail to respond appropriately to changes in a resident’s condition; 
• Failure to prevent or treat infections, including urinary tract infections, respiratory infections, or outbreaks linked to poor infection-control practices; 
• Improper nutrition or hydration, resulting in malnutrition, dehydration, or related complications; 
• Failure to provide adequate supervision for residents with cognitive impairments, increasing the risk of wandering, elopement, or injury; 
• Inadequate pain management, including failure to assess, document, or appropriately treat pain; 
• Improper use of restraints, whether physical or chemical, without medical necessity or proper monitoring; 
• Failure to follow care plans or physician orders, resulting in preventable decline or injury. 

These cases typically require medical records and expert testimony to establish that substandard care caused measurable harm. 

Not every nursing home case fits neatly into a medical malpractice framework. Many involve neglect or abuse, which focuses on systemic failures such as chronic understaffing, unsafe living conditions, or inadequate supervision, rather than isolated clinical decisions. 

These claims often rely on staffing records, inspection reports, and testimony from residents, families, and employees. 

Ohio’s Nursing Home Bill of Rights 

In addition to malpractice law, Ohio provides nursing home residents with statutory protections known as the Nursing Home Bill of Rights. These rights are guaranteed by state law and apply to all licensed nursing facilities. 

Residents have the right to: 

• Be treated with dignity and respect 
• Receive adequate and appropriate medical care 
• Live in a safe, clean, and humane environment 
• Be free from abuse, neglect, and exploitation 
• Have their medical conditions properly monitored 
• Receive medications safely and as prescribed 
• Be protected from unnecessary restraints 
• Receive appropriate supervision, including protections against wandering for residents with cognitive impairments 

When residents are injured by violations of these rights, it can form the basis of a separate civil claim, even when the conduct does not meet the technical definition of medical malpractice. 

Bill of Rights claims are especially powerful because they focus on resident safety, dignity, and daily care, not just medical decision-making. They can apply to ongoing patterns of neglect such as: 

• Inadequate staffing levels 
• Poor medication management policies 
• Lack of infection control measures 
• Failure to supervise vulnerable residents 

These claims help expose systemic problems that place all residents at risk, not just one individual.

The Role of the Ohio Department of Health 

Oversight by the Ohio Department of Health plays a crucial role in identifying unsafe nursing home conditions. Through inspections, investigations, and enforcement actions, the department monitors whether facilities comply with state and federal care standards. 

In the recent Canton-area case reported in the news, state inspectors determined that widespread care failures created a “real and present danger” to residents. When the facility failed to correct those problems, the state Attorney General’s Office sought court intervention to protect residents and relocate them to safer settings. 

Regulatory action can stop immediate harm and may signal broader systemic issues. At the same time, regulatory materials are not automatically admissible in a civil case, and courts may limit or exclude certain inspection and investigative reports depending on the applicable rules of evidence and the specific circumstances. For this reason, it is important to act quickly to help ensure that relevant evidence, such as medical records, staffing information, policies, and other documents, are preserved and retrievable before it is lost or destroyed.

Protecting Seniors Through Accountability 

Nursing homes are legally obligated to provide safe, competent, and respectful care. When they fail, Ohio law provides powerful tools, through malpractice claims, statutory rights, and state oversight, to protect residents and hold facilities accountable. 

If you believe a loved one has suffered harm due to poor care, neglect, or violations of their rights, consulting a medical malpractice lawyer experienced in nursing home litigation can be an important first step toward protecting your family member and preventing further harm. Reach out for a consultation today. 

About the Author 

Garrett Loyd is an associate Nurse Attorney at Plakas Mannos, where he provides advocacy in medical malpractice litigation, personal injury, wrongful death claims, and general litigation.